Frequently Asked Questions

Q: Do prisoners have any rights?

In Muir v The Queen (2004) 78 ALJR 780; 206 ALR 189, Kirby J made the following comments in relation to prisoners’ rights (at 784; 194 [25]):

“Prisoners are human beings. In most cases, they are also citizens of this country, “subject of the Queen” and “electors” under the Constitution. They should, so far as the law can allow, ordinarily have the same rights as all other persons before this court. They have lost their liberty whilst they are in prison. However, so far as i am concerned, they have not lost their human dignity or their right to equality before the law.”


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